Home care worker union vote to be tallied Tuesday

Votes in a union election are set to be tallied Tuesday after a federal judge denied a second legal challenge to organizing efforts by certain home care workers in Minnesota.

U.S. District Judge Michael Davis on Monday issued the ruling denying a motion for a preliminary injunction brought by union opponents and dismissed a lawsuit.

Last week, Davis issued another ruling against plaintiffs seeking to block a union election that concluded Monday. "The state of Minnesota is free to regulate the labor relations of homecare providers," Davis wrote. "The court will not enjoin the certification election."

In July, Service Employees International Union filed 9,000 cards with the state that were signed by home care workers calling for a union election. It was the largest such vote for a public sector union in state history, SEIU officials say, and was made possible by DFL-backed legislation passed in 2013.

The law allows certain home care workers and some child care providers the chance to organize and collectively bargain in public employee unions. The idea is controversial among Republicans who opposed the legislation.

Last week, Republicans called on the Dayton administration to appoint home care workers who are neutral and opposed to union efforts as observers for the tallying process. Lucinda Jesson, the state Human Services Commissioner, responded with a letter Monday saying officials from her department and Minnesota Management and Budget will serve as observers.

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Jesson wrote: "We agree that this is an important function and that the interests of all parties must be appropriately represented when the ballots are counted."

Rep. Kathy Lohmer, R-Stillwater, and Rep. Cindy Pugh, R-Chanhassen, issued a news release in response saying: "It's disappointing that the Dayton administration has denied our request. ... It's a basic tenet of fair elections in Minnesota that both sides be afforded the opportunity to review and participate in the process."